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Home My WebLink AboutRDA RES 293Resolution No. 293 RESOLUTION NO. 293 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY DECLARING THAT THE ACQUISITION OF AN EASEMENT INTEREST IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF THE DESERT CROSSING PROJECT - WHEREAS, the Palm Desert Redevelopment Agency (the "Agency") proposes to acquire certain real property (an easement interest) legally described as on Exhibit "A" attached hereto, in the City of Palm Desert for purposes of construction of the Desert Crossing Project pursuant to the authority granted to it by Government Code Section 37350.5 and Health and Safety Code Section 33000 et sea.; and _ WHEREAS, piirsuant to Code of Civi1 Procedure -Section 1245. 235, the Agency scheduled a public hearing for April 14, 1994, at 7:00 p..m., at the City Council Chambers, located at 73-510 Fred Waring Drive in Palm Desert, California, and gave to.each p.erson who owns an interest in the easement to be acquired and whose name and address appeared on the last equalized county assessment roll,. notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of .Civil.Procedure Section 1240.030; and WHEREAS, said hearing has been held by.. the Agency and eaeh person who owns an interest in the easement to be acquired by eminent domain was afforded an opportunity to be heard,on said matters; and � WHEREAS, the Agency may now adopt a Resolution ,of Necessity pursuant to Code of Civil Procedure Section 1245.030; =A!+»9.:v7 Resolution No. 293 NOW, THEREFORE, THE PALM DESERT REDEVELOPMENT AGENCY RESOLVES AND DECLP,RES AS FOLLOWS: Section 1. Compliance with Code of Civil Procedure. There has been compliance by the Agency with the requirements of Code of Civil Procedure Section 1245.235 regarding notice and hcaring. Section 2. Public Use. The public use for which the easement is being acquired is blighted property for construction of the Desert Crossing Project. Section 37350.05 of the California Government Code and Health and Safety Code Section 33000 et seq. authorize the Agency to acquire by eminent domain property necessary for such purposes. - Section 3. Description of Property. Attached and marked as Exhibit "A" is the legal description of the easement to be acquired by the Agency in fee. Exhibit "A" describes the general location and extent of the easement to be taken with sufficient detail for reasonable identification. Section 4. Findincts. Based on the evidence contained in the oral and.written staff reports and the evidene adduced at the hearing on the Resolution of Necessity, the Agency hereby fi.nds and determines each of the following: A. The public interest and necessity require the proposed pro�ject; B. The proposed project is planned or located in a manner that will be most compatible with the greatest public good and least private injury; PAM4�i497 - 2 Resolution No. 293 C. The easement described in the attached Exhibit "A" is necessary for the proposed project; and D. The offer required by Section 7267.2 of �he California Government Code has been made. Section 5. Some or all of the easement to be acquired by the Agency may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions af any such easements and rights-of-way are on file with the Agency which descriptions describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. Pursuant to Section 1240.610 of the Code of Civil Procedure, the Agency finds and determines that the herein described use or uses are more necessary than said existing public uses. In the event the herein described use or uses will not reasonably interfere with or impair the continuance of any said public use as it then exists or may reasonably be expected to exist in the future, counsel for the Agency is authorized to acquire the property subject to such existing public use, pursuant to Section 1240.510 of the Code of Civil Procedure. Section 6. Further Activities. Legal Counsel for the Agency is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the Agency, by eminent domain, and legal counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as they may be authorized and required by law to take, and to make such security deposits as may be required by order of court, to aaMc;»97 — 3 — Resolution No. 293 permit the Agency to take possession of and use said real property at the earliest possible time. Legal counsel is further authorized to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property. Section 7. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Redevelopment Agency held this 14th day of April, 1994, by the following vote: AY ES: BENSON, CRITES, KELLY, SNYDER, WILSON NOES : NONE AB S ENT : NONE ABSTAIN: NONE S. Pz ATTEST: • i _ j , •� % � , / �// . .,- � � -� ��/�-��1� �� - ; , City Clerk, City of alm Desert // �i'�/ � - � WIL50N, Chairman Desert Redevelopmery � Agency �aM49497 —4 — Resolution No. 293 EXHIBIT A All that portion of an easement for ingress and egress over a strip of land 60.00 feet wide over a portion of the Northwest One-Quarter of Section 19, Township 5 South, Range 6 East, San Bernardino Meridian, described as Parcel 2 in Deed recorded February 28, 1972 as Instrument No. 25017, lying within Parcels 1 and 2 of Parcel Map No. 24090 as shown by map on file in Book 163 of parcel Maps at Pages 30 through 33, inclusive, records of Riverside County, State of California, lying Northwesterly of and adjoining the following described line: Commencing at a point of intersection with the Southerly line of said Northwest One-Quarter of Section 19 and the Westerly Right-of- way of the Palm Valley Storm Channel (formerly recorded as the Coachella Valley County Water District Flood Control Right-of-Way; Thence N17°38'48"W along said Westerly Right-of-way of the Palm Valley Storm Channel, a distance of 104.74 feet to the beginning of a curve concave Easterly having a radius of 628.14 feet, said point also being the corner common to said Parcels l and 2 of P�rcel Map No. 24090; Thence Northwesterly and Northeasterly continuing along said Westerly Right-of-way of the Palm Valley Storm Channel on said curve.concave Easterly having a radius of 628.14 feet through an angle of 20°41'09", an arc length of 226..78 feet to the Point of Beginning of the line being described; � Thence continuing along said Westerly Right-of-way vf the Palm valley Storm Channel Northeasterly along said curve having a radius of 628.14 feet through an angle of 25°58�22", an arc length of 284.74 feet; Thence N29°00'43"E, continuing along said Westerly Right-of-way of the Palm Valley Storm Channel, a distance of 106.43 feet to a point of intersection with said Westerly Right-of-way of the Palm Valley Storm Channel and the Southerly Right-of-way ot Painters Path (formerly State Highway 111) as shown on said Parcel Map no. 24090, said point being the Northerly Terminus of the line being described. The sidelines of strip of land being shortened or prolonged to intersect said Southerly Right-of-way line of Painters Path and a line extending Northwesterly along a curve concave Northeasterly having a radius of 730.00 from the Point of Beginning �(the initial radial line bears S09°06'54"W). EXCEPTING therefram all that portion of said strip of land 60.00 feet wide lying Southerly of said aforementioned- described line extending Northwesterly along a curve concave Northeasterly having a radius of 730.00 from the Point of Beginning (the initial radial line bears S09°06'S4"Wj. �aM:9cv7 —5 —